Stand Your Ground Burden Of Proof Lies With The Defendant

The Florida Supreme Court says the burden of proof in stand your ground
defenses lies solely with the Defendant.

In
State of Florida v Jared Bretherick, Bretherick an Indiana tourist on his way to Disney world, pointed a gun
at an alleged aggressive driver. Bretherick was charged with aggravated
assault with a deadly weapon. Bretherick claimed he felt threatened by
the other driver, justifying the threat of force.

The State disagreed and denied Bretherick immunity from prosecution. Bretherick
appealed his case asserting that Florida's requirement that defendant
bear the burden of proof for self-defense during immunity hearing was improper.

This decision by no means closes the argument on burden of proof in a Stand
Your Ground case. Based on Canady's strong dissent, it is expected
that even with the majority opinion, Stand Your Ground immunity challenges
will still be challenged in the State's Supreme Court and beyond.

If you would like more information on Stand your Ground defense, contact
our experienced criminal defense attorneys for a free consultation.

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